0  FOWLER CITY COUNCIL MEETING  AGENDA MAY 4, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act, and as ar response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when joining the meeting you will be asked your name which will be used to identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/their phone set on "mute" to eliminate background noise or other interference from Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  telephonic participation.  the City's website aty www. fowlercity.org. Meeting called to order Roll call  1. 2. 3.  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be Presentation re: State Physical Activity Nutrition Program - Susie Rico-Vasquez  deemed waived by unanimous consent of the Council.  4.    5. 6.  Communications Staff Reports  A) City Planner's Report B) City Engineer's Report  1) Approve Resolution No. 2501 Approving the 2021 Hydraulic Water  Model and 2021 Water Model Report.  C) City Manager's Report  COVID-19 Update  D) Public Works Director's Report  1)  Approval of Resolution No. 2499, a Resolution of the City of Fowler Approving Agreements with Sitelogiq, Inc. and Advanced Lighting Services, Inc. for energy conservation improvements pursuant to Government Code Section 4217.10, et. seq. (Item to be Continued to  May 18, 2021 City Council Meeting)  E) Finance Department Report Police Department Report G) Fire Department Report City Attorney's Report  F)  7.  Discuss and consider Potential Removal of Planning Commissioner  Cesar Rodriguez.  8.  Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa a Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants = May 4, 2021 City Council Meeting - April 20, 2021  B) Approve Minutes of the City Council Special Meeting - April 20, 2021, and C) Award the Adams Avenue Reconstruction Phase II & IlI project to Don Berry Construction in the amount of $1,198,278.00, and authorize the City Manager  to sign the project construction contract.  2    D) Approve and Authorize the City Manager to sign the Well 7 TCP Treatment Project Consultant Services Agreement with Provost and Pritchard in the Committee Reports (No action except where a specific report is on the agenda)  amount of $269,000.  9.  Mayor Cardenas Mayor Pro-Tem Rodriquez Councimember Kazarian Councimember Mejia Councimember Parra  10. Adjournment  Next Ordinance No. 2021-02  Next Resolution No. 2502  CERTIFICATION: 1, Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify  that the foregoing agenda was posted for public review on Friday, Apri/30,2021.  Ouql Nasy Angela Vasquez Deputy City Clerk  3    ITEM 4  I  o0   I  2 @ of L E 8  O I  I  @ 2 @ 3 a a C 0 5    3 E  8 2 3 3 -    € 8 E    K 6 S I  ) -  B -  I  0  8 0 3  - 1  à  I  @ a  -    E  @ I  9  E  / @  I  -  + 60 E  0 C    0 O C  3 E  I  @ % e 3 o V  E  5  8  ) - C  - O O  0  o C t D - 2 e I :   C de e I le  C  @ A a I 6 10 B o 0 a D C  - o  O  - C)  -    0) 2  9  0 E 3 e  D  8 8 E  o  @  a    C  C @ a - S  % a Le    Isearir  0  > 0 0 O 0 )  3  SFowler Ave  CHVANE sIhE  Asper Axe    SMad-souAvr  STemperance Ave  S  Av  @ 2 O @ > A  3  E AvP  5 VAN St  C  0 -  ESA  erAve    @ S 00 a a 0  1n S O E E 8  S €  : n -  S E a e  @ b0 -  @ C C 8  -  €  b0 E  :  f t a  C s S  -  I  e S  -  I  /    O  9  o O 9 2 E  D E  1    -  @  - 9 @ 14 N   O 1S )  a LLJ  : @ S  -  @ K  a    6  2  I  6   D e 8  e @ a 6 e 8  8  )  - E a    -  @ D 6 -  3  B e  8  1) e  E 19 L 2  9 dà  2  6  a %  L    I   I  oq U  S 2 a f 1 0  9 S a 3 I I 2 3 @ ) - a 0 a  0 -  I  a  3 DM  -  6  8 5 2 3  3  C   E    ITEM  6B-1  FOWLER CITY COUNCIL  Consent Regular Item Workshop Closed Session Public Hearing ITEMN NO: 6-B1  1908  REPORT TO THE CITY COUNCIL  April 28, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to development of a hydraulic water model for the City's municipal water system. 1. Adopt Resolution No. 2501 approving the 2021 hydraulic water model and associated 2021  Water Model Report. RECOMMENDATION  Staff recommends that Council approve the 2021 hydraulic water model and associated 2021 Water Model Report such that the model can be utilized in future evaluations of the water system and to  determine improvements necessary to maintain satisfactory system operations.  BACKGROUND  The City of Fowler maintains a municipal water system consisting of six wells located throughout the City with distributes water to approximately 2,100 customers through approximately 200,000 lineal feet of distribution pipelines. To establish a better understanding of the hydraulic performance of the system during various demand scenarios, the City authorized development of a computerized The water model has been completed and has determined that the system currently has deficiencies related to water production on the west side of Highway 99 as well as insufficient waterline capacity for pipelines crossing the freeway. The Water Model Report presents the finding of the hydraulic  hydraulic water model.  water model and the following recommendations:  Construct a new municipal well west of State Route 99 having a minimum output of 1,200 Construct a new pipeline connection crossing State Route 99 connecting the west and east Install backup generators on wells not sO equipped to ensure availability during power outages.  gallons per minute.  portions of the water system to provide additional interconnectivity.    Adjust SCADA settings to account for ground elevation differences within the system. Continue to monitor addition water demands as new development occurs and add additional Construct 12-inch diameter waterlines in a quarter-mile spaced transmission grid main system. In addition to these recommendations, the hydraulic water model will provide staff a tool to analyze future proposed expansion or changes to the system in order to determine system performance under  wells as necessary to provide sufficient fire flows throughout the City.  these analysis scenarios. FISCAL IMPACT Attachments:  The project was funded through water enterprise funds as identified in the 2020-21 Budget.  2021 Water Model Report    City ofFowler  2021 Water Model Report  FOWLER  1908  April 23, 2021  ENNIB ONSULTING    Table of Contents  Executive Summary.. Analysis Recommendations.  Chapter1 Background and Purpose. 1.1 Background and Purpose. 1.2 Design Criteria.. Chapter 2 System Data Collection 2.1 Existing System.  2.1.1 Water Storage. 2.1.2 Emergency Backup. 2.1.3 Pipe Network. 2.1.4 Wells. 2.1.5 Water Supply. 2.1.6 SCADA and Logic Controls. 2.2 Existing System Demands 2.2.1 Water Production. 2.2.2 Well Usage  Chapter 3 Existing Water System Simulations. 3.2 Existing System - Average Day Analysis. 3.2.1 Existing System Deficiencies. 3.3 Existing - Maximum Day Demands. 3.3.1 Maximum Day Simulation.. 3.3.2 Maximum Day + Fire Flow Simulation.. 3.3.3 Maximum Day - Well #8 Out of Service.  3.1 Introduction.  10  12 13 15 16 17 17 18  3.3.4 Maximum Day - Well #8 Out of Service (with South Avenue Interconnect)  Chapter 4 Recommendations  4.1 Water Model Summary & Recommendations.  Appendix A..    Executive Summary  Analysis  The City of Fowler (City) water system is supplied by six groundwater wells feeding into a single pressure zone. System pressures are approximately 50 - 55 psi. The system does not include any surface water storage other than small hydropneumatic tanks located at each well site. The water model and analysis was evaluated under the following criteria:  Atotal, system-wide average day demand of1.61 mgd and a maximum day demand of2.9 mgd  based on current water production data. Am maximum day peaking factor of1.8  Itwas determined that city water wells are adequate for average day and maximum day demands, however, due to undersized pipe sizing and limited interconnection, only partial fire flows can be supplied during a maximum day demand. Additionally, the City would not be able to supply the west halfoft the system during ai maximum day demand if Well #8 should become non-operational.  Recommendations improvements should be pursued:  In order to correct these deficiencies and provide for future water system demands, the following  Construction of a new municipal well west of State Route 99 having a minimum output of Construct a new pipeline connection crossing State Route 99 connecting the west and east Install backup generators on wells not SO equipped to ensure availability during power outages. Adjust SCADA settings to account for ground elevation differences within the system. Continue to monitor addition water demands as new development occurs and add additional Construct 12-inch diameter waterlines in a quarter-mile spaced transmission grid main system.  1,200 gallons per minute.  portions oft the water system toj provide additional interconnectivity.  wells as necessary to provide sufficient fire flows throughout the City.    Chapter 1  Background and Purpose  1.1 Background and Purpose  The City of Fowler (City) is located in central Fresno County, approximately twelve miles southeast of Fresno, California. Incorporated in 1908, the City had a 2010 census population of 5,570 citizens (see Figure 1). The City water system has approximately 1,800 service connections and is supplied by six (6) groundwater wells which pump into a single hydraulic  pressure zone.  Figure 1- City of Fowler, California (aerial view)  The purpose of developing the water model is to obtain an understanding of the operational characteristic of the water system, determine any immediate deficiencies in the current system,  and identify improvements to correct these deficiencies.  1  ENNIB    1.2 Design Criteria  The water system was evaluated per the design criteria as provided in Table 1. These data points can be considered as generally accepted modeling criteria and were used as the basis in evaluating pipe flow, fire flow and low pressures within the water distribution system.  System Pressures Minimum  40p psi- maximum day demand 20p psi- maximum day+f fire flow Fire Flow Requirements Flow Rate: and Duration Land Use Residential (Low to Medium) Residential (High), Schools Office, Commercial, Industrial Pipeline Sizing Maximum Velocity 10f fps maximum day demand Maximum Headioss 10ft/1,000 feet maximum day demand Emergency Requirements Wells with Backup Power 50% of maximum day demand Pumping Capacity Extended Period Simulation  Flow Duration 1,500 2hours 2,000 3hours 2,500 4hours  All wells must satisfy the entire system maximum dayo demand System tol be evaluated at no less than one week of Extended Period Simulations to determine system operational supply and demand  Table 1- Water System Design Criteria  2  ENNIS    Chapter 2  System Data Collection  2.1 Existing System  The City's water distribution network is a single pressure zone system. Shown in Figure 2, this zone is relatively flat with elevations ranging from 320' in the northeast quadrant of the City to approximately 300' is the southwest quadrant. All sources of water (6 wells) for the City are fed into this singular pressure zone. At present, all wells are operational with well pumping  capacities as shown in Table 2.  City of Fowler Existing' Well Capacities Operational 310 475 1,100 1,250 1,700 1,100 5,935  Horse  Ground Depth of Pressure Elev Drawdown Tank (ft) (gal) 75 2,000 79 2,000 103 15,000 88 15,000 81 Surge 73 Surge  Flow Motor Power  WellID (gpm) Type (HP) Voltage Amps (ft)  2 4 5A 6 7 8A  Static 25 230 63 306 Static 50 460 64 312 VFD 100 460 120 312 VFD 125 460 144 307 VFD 125 460 142 317 VFD 125 460 142 301 Table 2- Water Model Nodes (By Pressure Zone)  2.1.1 Water Storage  The City does not utilize any water storage tanks. The existing elevated water storage tank has been taken out of service. All city water storage is provided by the relatively shallow groundwater table which contains a sufficient volume of water to satisfy all operational and emergency water requirements. This type of system is considered a pumped zone' as it relies  entirely upon electricity in providing water service pressure to all end users.  2.1.2 Emergency Backup  During times of emergency when the electrical power grid is shut off and unavailable, it is critical for a pumped water system to have electrical backup in the form of diesel powered generators. In such instances, generators can be designed to either start automatically or be turned on manually. Emergency diesel generators are installed at Well #7 (1,700 gallons per minute (gpm)) and Well #8 (1,100 gpm), allowing for a total emergency water delivery of approximately 2,800 gpm, sufficient to provide adequate fire flows during an emergency event.  3  ENNIS    Well4  Well2  Well7  Wel8  Well5  Well3 Outosce  We6    Figure2-C City ofl Fowler Water Distribution System and Pipe Sizes  2.1.3 Pipe Network  Table 3 presents the overall lengths and sizes of pipe within the City water system. Using an effective replacement cost for each pipe diameter, the City has approximately $20.6 million in existing pipeline infrastructure contained within approximately 200,000 linear feet of pipe capable of storing 433,000 gallons of water within the water distribution system at any given  time.  4  NIB    City of Fowler Existing Pipe Lengths and Sizes  Replacement Total Capital Existing Volume  Diameter (in.) Length (ft.) Cost/Ft Cost (GASB) ins System (gal) %ofTotal  6 10  145,128 53,985 199,113  $90 $140  $13,061,500 213,148 $7,557,917 220,243 $20,619,417 433,391  72.9% 27.1%  Table3- Existing Water Distribution Pipes  2.1.4 Wells  As illustrated in Figure 2, existing wells provide water pressure and supply for the City. As provided in Table 2, the overall combined pumping capacity oft the well system is approximately 5,935 gpm (-8.5 mgd). Well #2 and Well #4 are controlled with static motors while Wells #5A, Each well is equipped with a pressure tank or surge tank in order to diminish transient water hammer effects that could be experienced in a smaller water distribution system with multiple VFD's operating at the same time. Pictures for each well site are included in Appendix A ofthis  #6, #7 and #8A are controlled by variable frequency drive (VFD) motors.  report.  2.1.5 Water Supply  The City water system is supplied entirely by groundwater. As shown in Figure 3, the City of Fowler is an independent water utility and is a member of the South Kings Groundwater Sustainability Agency (SKGSA) as mapped by the Sustainable Groundwater Management Act (SGMA). At total, maximum day pumping capacity of the six (6) city wells is approximately 8.5 million gallons per day (assuming all wells run continually for 24 hours). Presently, the City consumes approximately 1.6 million gallons per day on an average day and approximately 2.5 million gallons on a maximum day. The ability of the City to utilize wells to meet daily peak demand is dependent upon the ability of the distribution system to deliver the water within the system. Well supply as well as the distribution system capacity will determine the system's  ability to service a new growth area for operational and fire flows.  5  ENNIS    -  /  KINGS SUBBASIN  NE    South! Kings GSA Ai  Figure: 3- - Boundary of the South Kings Groundwater Sustainability Agency (GSA)  2.1.6 SCADA and Logic Controls  The City utilizes an advanced Supervisory Control and Data Acquisition (SCADA) system to assist in management and control of the water system. The SCADA system is capable of gathering and recording system data in order to quickly evaluate and mitigate any mechanical and/or operational malfunctions within the water distribution system. The SCADA system is also used to change pump 'on and off pressure settings and is able to be adjusted as necessary to cycle pump usage and frequency of pumping in order to better balance the operational usage and  mechanical life cycle ofall pumps in the water distribution system. SCADA controls for each well site are as shown in Table 4.  City of Fowler  Existing Well Sites- Operational Statements  Pump Turns On Pump Turns Off Set Point Diameter  Pump 2 4 5A 6 7 8A  Pump Design Data 3:Multiple Point Curve 3: Multiple Point Curve 1: Design Point Curve 1: Design Point Curve 1: Design Point Curve 1: Design Point Curve  (ps!) Manual On Manual On Below 40 Below 46 Below 48 Below 46  (ps!) Manual Off Manual Off Above 55 Above 60 Above 65 Above 60  (psl) 50 50 55 50  (in) 6 6 10 10 10 10  Table 4-1 Existing SCADA Control Settings for City Wells  6  EINNIB    2.2 Existing System Demands  According to SCADA and other data provided by City staff, monthly water production is  provided in Table 5. City ofF Fowler Well Production! History Operational GPM 310 475 2018 January 46,000 9,000 March 5,000 9,000 April 5,000 5,000 May 0 2,000 June 7,000 8,000 July 1,091,000 5,394,000 August 702,000 431,000 September 1,000 2,000 October 473,000 2,191,000 November 0 2,000 December 4,614,000 1,952,000 2019 January 9,869,000 0 February 9,950,000 0 March 13,077,000 0 April 11,898,000 12,000 May 524,000 16,544,000 July 3,997,000 233,000 August 11,490,000 4,563,000 October 8,590,000 12,000 December 2020 January 18,000 19,000  Motor Type Static Stotic VFD February 185,000 294,000  VFD  VFD  VFD  1100 1250 1700 1100  Year Month Well2 Well4 Wel!5 Well6 Well7 Wells Total No. Days MGD Population GPCD  0 43,000 824,000 35,772,000 36,694,000 31 1.184 6781 175 0 178,000 7,370,000 29,913,000 37,940,000 28 1.355 6805 199 0 27,000 35,868,000 49,000 35,958,000 31 1.160 6829 170 0 118,000 48,779,000 2,183,000 51,090,000 30 1.703 6853 249 0 7,000 43,689,000 9,113,000 52,811,000 31 1.704 6877 248 0 14,000 51,906,000 14,079,000 66,014,000 30 2.200 6901 319 0 8,163,000 40,771,000 12,055,000 67,474,000 31 2.177 6925 314 31,000 49,703,000 13,837,000 64,704,000 31 2.087 6949 300 11,000 44,749,000 10,566,000 55,329,000 30 1.844 6973 264 0 3,003,000 42,714,000 2,446,000 50,827,000 31 1.640 6997 234 0 7,000 18,112,000 3,868,000 28,553,000 31 0.921 7045 131 16,214,000 21,000 26,104,000 31 0.842 7066 119 0 14,853,000 389,000 25,192,000 31 0.813 7090 115 0 26,152,000 398,000 39,627,000 28 1.415 7114 199 0 38,464,000 1,320,000 51,694,000 31 1.668 7138 234 0 39,035,000 1,930,000 58,033,000 30 1.934 7162 270 0 49,909,000 8,815,000 62,954,000 30 2.098 7210 291 0 407,000 45,801,000 7,787,000 70,048,000 31 2.260 7234 312 0 23,000 42,973,000 1,626,000 53,224,000 30 1.774 7282 244  0 74,000 39,239,000 0 0 0 0 0 0  o! 39,315,000 30 1.311 7021 187  3,000 4,000 2,000 16,000 29,776,000 34,000 29,835,000 30 0.995 7330 136  0 12,000 33,353,000  33,402,000 31 1.077 7354 147 Monthly Daily GPM  221  Average Day Gallons 48,892,417 1,629,747 1,132 Maximum Day Gallons 88,006,350 2,933,545 2,037 Peoking Factor= = 1.8  Average Montly Demand (Winter) 31,709,750 Average Monthly Demand (Summer) 66,238,800  Table 5-1 Monthly, Annual and Per Capita Water Consumption  7  ENNIS    2.2.1 Water Production  The average monthly water production in the winter months is approximately 31.7 million gallons while the average water production in the summer months is roughly 66.3 million gallons. During a 12 month period, the average monthly production is approximately 48.9 million gallons. This monthly value translates to an average day demand of 1,629,727 gallons Over the two year reporting period (2018-2020), the overall usage on a gallon per capita day (gpcd) basis ranged from a low of 115 gpcd to a high of 319 gpcd (almost a 200% increase). This large swing is indicative of the amount of water that is traditionally used for landscaping  per day (or 1,132 gpm).  and irrigation during the summer months.  2.2.2 Well Usage  While the City operates 6 wells, cycling between these wells is necessary to provide adequate Figure 4 below illustrates the amount of water produced by each well over the 2 year reporting period and the total production (by month). As this figure illustrates, Well #7 is producing the  excising of the wells and to meet water demands in various parts oft the city.  large majority of potable water for the City.  99,000000  63,000000 50,000000 Gallons 40,002000 33.000000 23,000000 10,co0c00  - I1  2018  2019  Figure 4-1 Monthly Water Production  8  ENNIS    Chapter 3  Existing Water System Simulations  3.1 Introduction  The hydraulic water model was initially calibrated to existing conditions under an average day demand. Once calibrated, the model was then placed under two operational scenarios. The first scenario was Existing-Average Day Demands while the second scenario evaluated Existing- Maximum Day Demands. Each analysis and relevant hydraulic cinformation is provided herein. Since the City is relatively small in size, demands were allocated in the hydraulic model by uniformly applying the average day demand to each analysis node. For example, the existing system hydraulic model consists of approximately 345 analysis nodes with an average daily flow rate of 1,132 gallons per minute (as shown in Table 5). Thus, each analysis node was populated As shown in Table 5, the total average day demand applied to the model was approximately 1.629 mgd while the maximum day demand was 2.933 mgd, which was established by using a peaking factor of1.8 on top of the average day demands. The average day demand relates to a Both the Average Day and the Maximum Day models were analyzed under a 24-hour extended period simulation, applying the diurnal curve as provided in Figure 5. This curve represents how  with an average day demand of3.28 gallons per minute.  population ofapproximately 7,000 citizens consuming roughly 221 gpcd.  system demands rise and fall throughout a 24-hour day.  Foctor 0.35 0.30 0.30 0.40 0.60 1.50 2.30 160 1.40 1.10 1.00 080 0.75 0.80 090 1.00 1.10 1.30 1.50 1.70 080 1.40 0.60 0.50  257 2.0-4 15 10 0.5 00  1234887880SWWWENTN1797727  24  Figure 5- City of Fowler Diurnal Curve (Hourly Water Use)  9  NXB    3.2 Existing System - Average Day Analysis  The analysis of this scenario determined that the system operates efficiently under normal conditions (-1,132 gpm). During the Average Day, Well #7 can provide most, if not all, ofthe daily supply required by the City. Figure 6 illustrates how Well #7 (5007), Well #2 (5002) and  Well #8 (5008) would operate during a normal 24 hour period.  Pump Group Graphs  1500-  / 5008 A 5003 / 5004 5005 - 5006 5002 5007  1000-  500-  MMME  0  60  Time (hour)  Figure 6-Average Day Pumping Operation  The analysis showed that larger pressure variations could occur in the southern region of the City as it is both distant from the primary wells and the area does not contain a large amount of  looping and network intertie to the rest of the water system. Transient Flows and Variable Frequency Drives  The current SCADA configuration for the City operates Well #7 as the primary and then calls on Well #8 to cycle on as the secondary. Since both wells are VFD operated this can result in  transient waves propagating across the system:  Considering that Well #7 and Well #8 are located on opposite sides of the City, as Well #8 experiences a lower pressure setting and turns on, it will begin to push a higher pressure wave back across the city. This wave would take many minutes before Well #7 would experience this higher pressure wave and begin to slow As Well #8 speeds up, it would push a stronger wave across the system. As Well #7 experiences this higher wave, it will slow down many minutes later after Well #8 has increased its speed. Well #7 could continue to slow down and Well #8 could speed up to such a point that Well #7 begins to experience a lower pressure and then speeds up to compensate for its lower pressure, thus creating a back and  down its motor.  forth cycle where both wells are reacting to each other.  10  ENNIS    The City operates 4 VFD wells and 2 Static wells. Referring back to Table 5, the City has a combined Static Well capacity of 785 gpm and a combined VFD capacity of 5,150 gpm. Ina closed water system with no elevated water storage tank or pressure reliefvalves, iti is important for operations staff to ensure that future well cycling takes into consideration the relationship between Static and VFD operated wells and how to best modify SCADA operations accordingly.  3.2.1 Existing System Deficiencies  Under a normal, average day demand, no deficiencies were evident. However, upon review of the overall system, the following long term planning issues should be considered:  Currently only 3 - 6" water lines cross State Route 99 as interconnect between the east Well #8 is the only well located on the west side of State Route 99, serving the west half Due to their geographic location, Well #5 and Well #6 disproportionately serve the Al large fire demand could cause transient and pressure issues during fire suppression.  halfa and the west halfofthe City water system (Figure 7).  ofthe City.  southeastern portion oft the water system.  Figure Interconnect Piping Across! State Route! 99  3.3 Existing = Maximum Day Demands  The maximum day demand represents peak water usage, most usually during the summer months. It isa also during this time of year that the likelihood of fire is increased due to dry, arid conditions. Thus, while the results of a maximum day demand are informative, it is the fire flow simulation which illustrates the ability of the water system to provide for both the maximum day  demand plus fire flow.  11  ENNIS    3.3.1 Maximum Day Simulation  Analysis of this scenaro determined that the system operates efficiently under maximum day conditions (2,036 gpm). This simulation assumed that during a maximum day, both Well #7 and Well #4 would be continuously operational and that Wells #8, #6, #5 and #4 would have SCADA settings that would turn pumps on and off, dependent upon system demands increasing and decreasing throughout the day. Figure 8 illustrates how each well would turn on and off  during a maximum day event.  Pump Group Graphs  2000- 1500- 1000- 500  /5 5008 /5004 /5005 /5006 /5002 5007  Time (hour)  Figure 8- Maximum Day Pump Operation  This simulation was conducted by modifying the existing SCADA operations as provided in Table 4 of this report. The current SCADA settings utilized by City staff for well set points and pressure ranges do not take into account the ground elevation differences across the system. Table 6 illustrates what the static pressures would be at each well when the discharge pressure at Well #7 is set at 55 psi. For example, there is a 16: foot vertical difference between Well #8 and Well #7, translating into a nearly 7 psi static pressure increase at Well #8 versus Well #7. Referring to Table 4, the current SCADA set point for Well #8 is 50 psi which, when is actually 12 psi lower than Well #7 when accounting for the difference in ground elevations.  City of Fowler Existing' Well Capacities Operationa IFlow Motor Power  Horse  Ground Depth of Pressure Elev Drawdown Tank Pressure HGL (ft) (gal) Setting (ft) 75 2,000 59.77 213 79 2,000 57.17 211 103 15,000 57.17 235 88 15,000 59,33 225  Discharge  WellID (gpm) Type (HP) Voltage Amps (ft)  2 4 5A 6 7 8A  310 Static 25 230 63 306 475 Static 50 460 64 312 1,100 VFD 100 460 120 312 1,250 VFD 125 460 144 307 1,700 VFD 125 460 142 317 1,100 VFD 125 460 142 301  81 73  55.00 208 61.93 216  5,935  Table 6- - Ground Elevations and Static Pressure Differences (Well7 @5 55 psi)  12  ENNIS    3.3.2 Maximum Day + Fire Flow Simulation  Fire flows requirements vary from one community to another. Flow requirements are dictated by the underlying land use - which can vary from 1,500 gpm for single family residential housing to 2,500 gpm for commercial and industrial land uses. Flow rates, if not determined by the local fire service provider, can be determined by the International Services Organization (ISO) or the American Water Works Association (AWWA) Manual M31 - Distribution System Requirements for Fire Protection. Required fire flows for the various land uses within the City The software utilized in this modeling provides for a fireflow analysis. This analysis allows for each node in the water distribution system to be given a fireflow demand and modeled accordingly. The resulting analysis output report determines which nodes in the system dropped below optimal pressures when a fire demand was applied. Such an analysis is useful in the identification of system deficiencies such as undersized pipes or insufficient looping and pipe Table 7 presents the 'worst case' output of a fireflow analysis which was conducted on a 'node by node' basis across the entire water distribution system at a clock time of 4 pm (which is not the peak hour on a max day). The data indicates that the City does not possess a sufficient water distribution system which allows for at least 1,000 gpm at every pipe or portion of the water For example, when the simulation attempted to deliver 1,500 gpm to Node 170, the residual pressure recorded at this node dropped to -120.34 psi (theoretical). The simulation indicates that in order to maintain a residual pressure of 20 psi at Node 170, the maximum water volume that could theoretically be delivered would be approximately 647 gpm. Fire nodes which could not deliver at least 1,000 gpm at a residual pressure of20 psi are shown in Figure 9. Inr most instances of 'worst case' fire flows, the fire demand was applied at the end of a long, 6" dead-end pipe, with the exception being the subdivision located near the intersection of Sumner Avenue and Laker Lane (see Figure 10) which appears to be served by a singular 6" pipe under Sumner Ave. This condition could be corrected by constructing (or verifying presence) of a second point of connection along the intersection ofNelson. Avenue and Laker Lane.  can be found in Table 10 oft this report.  networking.  distribution system.  13  ENNIS    Ckyo off Fowler  Maximum Day Firel Flows- Worst Case  Actual Residual Flow @  Static 55.84 55.84 55.84 51.99 55.84 55.85 57.76 55.85 55.85 55.85 55.85 55.85 56.80 55.86 56.80 56.37 57.53 55.87 64.67 47.95 56.02 56.24 57.74 67.36 49.20 49.76 56.09 57.75 56.80 55.97 49.75 67.36 56.52 56.81 56.81 46 55.01 45.56  Node Pressure Modeled Flow Pressure 20psi  170 172 166 540 168 264 448 266 262 268 272 270 214 174 216 346 470 274 466 566 396 260 452 290 474 684 280 658 212 344 676 292 372 222 220 554 376 636  1,500.00 120.34 647.18 1,500.00 118.23 651.25 1,500.00 113.93 659.74 1,500.00 120.81 683.99 1,500.00 100.45 689.37 1,500.00 101.83 716.47  1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00  100.8 687.49 87.51 719.96 87.04 721.03 79.49 741.04 79.05 742.54 76.84 748.51 76.8 763.34 69.16 771.45 73.81 771.8 79.72 774.52 82.82 781.82 -64.21 787.68 83.05 799.3 67.88 816.96 62.2 842.37 50.94 855.49 56.98 874.84 -40.33 889.98 47.5 891.68 51.14 900.45 40.89 903.99 49.64 906.79 44.33 913.06 38.56 913.75 -44.18 926.99 -29.36 932.91 40.1 940.57 37.29 949.08 34.34 964.49 31.06 967.77 32.95 973.91 31.47 976.34  Figure9-I Maximum Fire Flows  Day  (Worst Case)  Table 7- Maximum Day Fire Flows (Worst Case)  Figure 10- Maximum Day Fire Flows (Sumnera and Laker)  Some nodes provide less than the 1,500 gpm stipulated by the City of Fowler for residential land uses. This is typical in any community water distribution system, particularly in older parts of town with 6" distribution mains installed in long cul-de-sac streets. Such data does not always imply that a fire could not be adequately suppressed. The data simply indicate that the desired flow of1,500 gpm, in these instances, is not achievable during a maximum day water demand.  14  ENNIB    While the City may possess a sufficient water supply in the form of wells and pumping capacity, the City does not retain a high degree ofinterconnection and pipe sizing between these wells in providing a sufficient degree of water protection during maximum day fire flow events. This  condition is discussed further as provided in Section 3.3.3 ofthis report.  3.3.3 Maximum Day- = Well #8 Out of Service  As Well #8 is the only well servicing the west half of the city, this simulation was conducted in order to evaluate a sudden non-operational status of Well #8 forcing all water supply for The results indicate that the City would not be able to provide sufficient water pressure to the entire west half of the City during the peak hours of a maximum day with Well #8 non- operational. As shown in Figure 11, pressures during the peak hours would drop below the  western Fowler through the 3 -6 6" water lines crossing State Route 99.  minimum pressure of20 psi.  Layer Properties Node Cloeres Color Besk 0s8Letshonogt 50042 2500800 2500" SN $080 Geslwton5DsD  Dalcte Clasa Clessty PampColar AndColo Concl Pulgo Dnand? Poten? Demonss  ComxwPidaAkaa ForceColerPonp: Fron.  Figure 11- System Pressures without Well#8  Well #8 has a backup diesel generator to ensure that the well remains operational during power outages; however, sudden mechanical and/or equipment failure cannot always be prevented. As ai result, the City should pursue installation of another well site in the western half ofits system. Additionally, the City should also pursue constructing a new 12" water line under State Route 99 in the approximate alignment of South Avenue as well as Adams Avenue, connecting to the This simulation also indicates Wells #5 and #6 are too distant from the 6" lines crossing State Route 99; and the pipe network connecting these wells to the rest oft the water distribution system are presently undersized for these two wells to be effective mitigating a low pressure condition in Ine effect, the City can be considered a bifurcated water system, consisting ofa South Zone (Well #5 and Well #6), a West Zone (Well #8) and an East Zone (Well #7, Well #2 and Well #4). Under normal, average day operational parameters, these regions can share water with one another with little pressure drop or reduction in water supply, but during significant fire flow events or well outages, these areas are not readily able to serve another portion of the system given the sub-standard interconnecting piping layout of primarily 6" transmission mains within  water transmission main in Sunnyside Avenue.  the west halfoft the City.  the existing water system.  15  ENNIB    3.3.4 Maximum Day- = Well #8 Out of Service (with South Avenue Interconnect)  A simulation was additionally conducted to determine the effects of Well #8 being out of service and the benefits ofi installing 3,400 linear feet of 12" water main under State Route 99 along the The simulation determined that this pipe would remedy the absence of Well #8 during both a maximum day event as well as provide sufficient fire flow demands. Figure 12 illustrates the volume off flow along this future pipe during a Maximum Day + Fire flow simulation. To mitigate the deficiencies in this scenario, the South Avenue pipeline could be constructed as shown in Figure 12 or a new well can be constructed in the west quadrant as an interim solution.  South Avenue alignment from Golden State Boulevard to Fowler. Ave.  As al long term solution, both solutions should be pursued.  85368  12.16  543.31  Figure 12 - Maximum Day + Fire Flow in Future: South Ave. Trunk (w/ Well #8 Out of Service)  16  ENNIS    Chapter 4  Recommendations  4.1 Water Model Summary & Recommendations  The development oft the hydraulic water model identified deficiencies in the water system related to providing fire flows during the maximum daily demand scenario. In order to correct these deficiencies and provide: for future water system demands, the following improvements should be  pursued:  Construction of a new municipal well west of State Route 99 having a minimum output Construct a new pipeline connection crossing State Route 99 connecting the west and east Install backup generators on wells not sO equipped to ensure availability during power Adjust SCADA settings to account for ground elevation differences within the system. Continue to monitor addition water demands as new development occurs and add additional wells as necessary to provide sufficient fire flows throughout the City. Construct 12-inch diameter waterlines in a quarter-mile spaced transmission grid main  of1,200 gallons peri minute.  portions oft the water system toj provide additional interconnectivity.  outages.  system.  17  ENNIS    Appendix A  Well2  Well4  18  ECNNI    Well5  02020 Google 020200 NEGI 20Geodb  Well6  19  ENNKE    -  Well7  We!l8  20  ENNIB    ITEM  8A  $A    8888  000000 888888  999999999P999999 000 90000 9099000 o 00000 000009 900 8888888888888888 888 88888 8888888 8 88888 88888 888 &  8  SUWVIOON  888 wwww 1 Go0Bh8N 9 88088 epep8    0000 0000 o o o  000000  8888 8888 8 00 00 00 00 00 0 888888 88888888888  3956 8888 ghuh  o ON  888888 883888888:    Xx  00000 o 88888 8 0  00000 000 o 0000000 000 o 0  00 00 00 88888 888 8 8888888 888 8 8  ou  88888 888 4 Riissog 888 d0 00    9  9009 o 09000009000000000 o o 000 o o 000 S 8888 8 3888888888888 00 00 888 d0 8 888 &  888    00p  l0 e 999999999999999 o o 0 00 o o 0o 00000 o 0090  888888888888888 8 08 0 888 0 888 88888 8 8888 &  0000  o 3He 0    -  *  9999 3 5000  00000 0 88888 8 &  ONNN 88888 8 5    ITEM  8B -  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING APRIL 20,2021  Mayor Cardenas called the meeting to order at 6:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra  City StaffPresent: PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  City Manager Quan, City Attorney Cross  Government Code Section 54957 Public Employees Appomimenempoymen. Title: Finance Director  The Council, on a motion by Mayor Pro-Tem Rodriquez, seconded by Councilmember Parra, and approved 5-0, approved the City Manager's recommendation to appoint Margarita "Maggie" Moreno as the City's Finance Director, and authorized to begin at the E step in the City's Salary Schedule (approximately $115,000 annually) with a $500 per month car allowance consistent with  other directors.  The meeting reconvened to open session at 7:01 p.m.  ADJOURNMENT  Having no further business, the meeting adjourned at 6:58 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  April 20, 2021  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Fire Chief Lopez, Assistant Fire Chief Hernandez, City Planner Marple, Deputy City Clerk  Vasquez, Rebecca Molina  PUBLIC PRESENTATIONS There were no public presentations. COMMUNICATIONS  Approve Proclamation "Day of Remembrance of the Armenian Genocide" - Coucilmember AI motion was made by Councilmember Parra to approve Proclamation "Day of Remembrance of the Armenian Genocide," seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Parra, Rodriquez, Cardenas, Kazarian, and Mejia. Noes: None. Abstain: None.  Kazarian. There was a moment ofs silence.  Absent: None. STAFF REPORTS CITYPLANNER'S REPORT  City Planner Marple updated the council on a number of items. Staff will be conducting a General Plan update workshop via Zoom Wednesday, April 28, 2021 from 6:00 p.m. - 7:00 p.m. The Zoom link will be posted on the city's website tomorrow, mailers are being sent out, and flyers will be passed out to local residents. Staff will be utilizing the feedback from the workshop to present the alternatives to the Planning Commission the first week of June and to council on June 15, 2021, and will be looking for recommendations on the preferred alternative. Ms. Marple reported staff has been conducting stakeholder interviews for the zoning code audit. A summary of the feedback will be shared with the council. Ms. Marple also reported on the regional housing needs allocation; the Fresno COG is beginning the process for our next allocation of housing needs. A meeting was held last week with all of the member agencies that will be participating in the housing element update for 2023. The state has given us preliminary numbers and we're looking at how the money will be distributed amongst the member agencies  ofl Fresno County.    City Planner Marple reported she, City Manager Quan, and other staff visited Bee Sweet earlier in the month for a tour oftheir plant. Bee Sweet submitted a new building for their mandarin line processing; staff is looking forward to assisting them through the process. Mayor Pro-Tem Rodriquez inquired when Bee Sweet planned on doing the upscale mandarin line. Ms. Marple explained they have to go through the site plan review process and the CEQA process; approval will possibly be within the next month sO they can move forward with building permits and  construction.  CITY MANAGER'S REPORT COVID-19 Update  City Manager Quan reported the City is currently at 1,000 total positive cases and 20 deaths to date. Vaccines are open to everyone over age 16. The vaccination rate amongst Fowler residents is 43%. Because of that, Fresno County Department of Public Health (FCDPH) is no longer looking at Fowler as aj permanent vaccination site, but as a one day mobile walk up clinic with a target of 200 vaccinations. Once we have more information, it will be posted on the city's Ms. Quan also reported staffis working with FCDPH on opening city hall; their recommendation ist to wait until June 15, 2021 with at transitional opening, i.e. possibly a few days a week or in the morning to reduce the amount of exposure to everyone. Staff will keep council updated. Ms. Quan announced FEMA is now accepting applications for funeral expenses for anyone that has a COVID related death that occurred after January 20, 2020. Once staff has more information on Ms. Quan stated staff continues to monitor the American Rescue Plan. Ms. Quan attended the League of CA Cities meeting last week as well as Councilmember Parra. Staff has ensured we are registered with System for Award Management sO funds can be distributed once the funding City Manager Quan reported Recreation Coordinator, Yvonne Hernandez, is working to contract this year with America's Kids in Motion for swim lessons. The price is $105 for ten, 30-minute sessions over a two week period. Staff is looking for donations to help off-set costs to our residents. The councilmembers were asked to share any donor recommendations with staff. Ms. Quan announced the fireworks contract was signed yesterday for the July 4th fireworks show. The show will take place at 9:15 p.m. in two different locations; it'sa a dual show this year that is 18 minutes long. Staff will share with the community where the best locations are to watch the fireworks. Councilmember Parra requested a flyer for the swim lessons donation request.  website and shared with the council to assist with getting the word out.  the application process it will be posted on the city's website.  process is established.  PUBLIC WORKS REPORT  Approval of Resolution No. 2499, a Resolution of the City of Fowler Approving Agreements with Sitelogiq, Inc. and Advanced Lighting Services, Inc. for energy conservation improvements pursuant to Government Code Section 4217.10, et. seq. (Item  tol be Continued to May 4, 2021 City Council Meeting)"    Public Works Director Dominguez requested Approval of Resolution No. 2499 item to be continued to May 4, 2021 City Council meeting. Staff is currently working on finalizing the Amotion was made by Mayor Pro-Tem Rodriquez to continue approval of Resolution No. 2499, a Resolution of the City of Fowler Approving Agreements with Sitelogiq, Inc. and Advanced Lighting Services, Inc. for energy conservation improvements pursuant to Government Code Section 4217.10, et. seq. to May 4, 2021 City Council Meeting seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Rodriquez, Kazarian, Cardenas, Mejia, and Mr. Dominguez reported due to the recent rise of catalytic converter theft, the Prius' have been relocated to the new fire station. Councilmember Mejia suggested it may be a good idea to look into purchasing a catalytic converter guard as an additional safeguard. Staff will research further. Mr. Dominguez announced one of our water meter data collectors is currently down which reads approximately 500 meters. Staff shipped to the manufacturer for repairs and expects it back within two weeks. Staff will use the previous month's water usage to determine the next billing cycle. Mr. Dominguez stated staff will mail a letter to the residents affected explaining the  agreements.  Parra. Noes: None. Abstain: None. Absent: None.  matter.  FINANCE DIRECTOR'S REPORT  City Manager Quan shared HDL's quarterly newsletter for Fowler's sales tax. The report showed improvement from 2019 to 2020. Staff will continue to monitor and will meet with HDL  quarterly.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz handed out DOJ crime stats for the month of March 2021. There was a dramatic increase in citations. Officers will be more active in traffic enforcement as there is an increase in pedestrian traffic as well. Chief Alcaraz shared the Virtual Business Awareness Discussion flyer with the council; the date is Wednesday, May 12, 2021 at 1:30 p.m. via Zoom. Council is welcome to attend and invite guests. The event is also on the Fowler PD app calendar. Chief Alcaraz reported there have been a few vehicle burglaries recently. Staff! has been working on this diligently and has come up with a few investigative leads. Chief Alcaraz asked the council to encourage constituents to use the Fowler PD app for helpful tips. Staffwill continue to work on improving response times. Chief Alcaraz also stated he and Councilmember Mejia are working with Travis Feaver of Young Life to organize a graffiti clean-up community event Mayor Pro-Tem Rodriquez notified Chief Alcaraz there has been discussion in the Ahronian neighborhood of petitioning to have a gated community. Chief Alcaraz noted the more accessibility the officers have the easier it is for them to patrol. Police Chief Alcaraz stated some criminals are tracking the number ofofficers on the street, have police scanners, and phone apps; officers are doing their best to mitigate the counter procedures the criminals are using. Chief  possibly on May 1,2021.  Alcaraz suggested we look into installing cameras.    Councilmember Mejia inquired if the big rigs driving on Merced St. is due to the Adams Ave. construction and ift this is being waived. Chief Alcaraz stated the revamping of the truck route has been completed and approved, but staff wants to give the business owners and truck drivers time to acclimate to the new truck route; approximately six months. Officers are handing out truck route flyers to truck drivers and businesses where trucking is a big part of their industry. Chief Alcaraz stated if it's something egregious officers will take enforcement action  immediately.  FIRE DEPARTMENT REPORT  Approval of Resolution No. 2500, a Resolution of the City Council of the City of Fowler approving a lease-purchase agreement with Leasing 2, Inc. for the purchase of two new fire Fire Chief Lopez requested approval of Resolution No. 2500 for the purchase of two new fire trucks. This will improve the fleet and increase the department's1 response time. Councilmember Parra made a motion to approve Resolution No. 2500, a Resolution of the City Council oft the City of Fowler approving a lease-purchase agreement with Leasing 2, Inc. for the purchase oft two new fire engines for $726,835.68, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Parra, Rodriquez, Cardenas, Kazarian, Mejia. Noes: None. ChiefLopez thanked Council, City Manager Quan, Public Works Director Dominguez, and City  engines for $726,835.68.  Abstain: None. Absent: None.  Attorney Cross.  CITY ATTORNEY'S REPORT  City Attorney Cross reported there was action on only one item from the special meeting. Pursuant to government code section 54957: public mployee-appointmen, Finance Director. Mayor Pro-Tem Rodriquez made a motion to approve; seconded by Councilmember Parra. Approved unanimously 5 - 0. The council authorized City Manager to hire and appoint Margarita Maggie" Moreno as the new. Finance Director ofthe City ofFowler and authorized to begin at the E step in the city's salary schedule, which is approximately $115,000 annually with Mr. Cross announced Brown Act, conflicts of interest, ethics training will be scheduled soon. The training will possibly be split up into two days in conjunction with department directors; the  a$ $500 per month car allowance consistent with other directors.  first tentatively scheduled for May 18, 2021 and the second, June 1, 2021.    CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - April 20, 2021; B) Approve Minutes of the City Council Special Meeting - April 6, 2021, and City Council Meeting = April Mayor Pro-Tem Rodriquez made a motion to approve the consent calendar, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Rodriquez, Parra, Cardenas,  6,2021  Kazarian Mejia. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Cardenas reported United Health Center requested their COVID-19 vaccine hours be placed on the city's website. Everyone is welcome to get the vaccine over the age of16. They are open Monday through Friday from 9:00 a.m. - 3:00 p.m. and have both the Pfizer and Moderna Councimember Kazarian raised his conçern over Cesar Rodriguez and his appointment to the Planning Commission. It appears Mr. Rodriguez wasn'tt truthful about his involvement in the re- zone project. Councilmember Kazarian is requesting this discussion be placed on a future council agenda to speak with Mr. Rodriguez about his involvement. It was the consensus of the council to add to the May 4, 2021 agenda to reconsider Mr. Rodriguez's: appointment. Councilmember Parra thanked City Manager Quan for attending the League of CA Cities meeting. Councilmember Parra also announced Fresno Irrigation District is backing out oft their area that supports Fowler. Mr. Parra will share more information with Councilmember Kazarian. United Health Center's COVID-19 vaccine event scheduled for last week was postponed due to the vaccine being Johnson &. Johnson; the rescheduled event date is still yet to be determined.  vaccines.  ADJOURNMENT  Having no further business, Councilmember Mejia made a motion, seconded by Councilmember Kazarian to adjourn. The motion carried and the meeting adjourned at 8:00 p.m.    ITEM  8C -  FOWLER CITY COUNCIL  Consent Regular Item Workshop Closed Session Public Hearing ITEM NO: 8C  1908  REPORT TO THE CITY COUNCIL  April 28, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to Federal State Transportation Block Grant program.  1. Award the Adams Avenue Reconstruction Phase II & III project to Don Berry Construction in  the amount of $1,198,278.00.  RECOMMENDATION  Staff recommends awarding the construction contract for the Adams Avenue Reconstruction Phase II  and HI project to Don Berry Construction in the amount of $1,198,278.00.  BACKGROUND  On April 6, 2021, the City received five responsive bids for the City's Adams Avenue Reconstruction Phase I& III project. The project proposes to reconstruct street pavements, install traffic striping, and install concrete ADA compliant curb ramps along Adams Avenue from 5th Street to Temperance Avenue. The bids received for the Base Bid ranged from $1,198,278.00 to $1,404,162.45. The Don Berry Construction holds a Class A Contractor's license in the State of California in good  Engineer's Estimate for this project was $1,315,000.00.  standing and has successfully completed City of Fowler projects in the recent past.  Attached is the summary of the five responsive bids received. completed in late July prior to schools opening in the fall.  Ifti the project is awarded, construction of the project will begin in the middle of May and will be  FISCAL IMPACT Attachments: Bid Summary  The project is 100% funded by Federal Surface Transportation Block Grant funds.    6    5    ITEM  8D -  FOWLER CITY COUNCIL  Consent Regular Item Workshop Closed Session Public Hearing ITEM: NO: 8D  1908  REPORT TO THE CITY COUNCIL  April 28, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to the Compliance Order No. 0323_18R_026; 1,2,3 Trichloropropane (1,2,3-TCP) 1. Approve a consultant services agreement with Provost & Pritchard Consulting Group (Provost & Pritchard) to provide professional engineering services for the Well 7 TCP Treatment Project in the amount of $269,000 subject to the review and approval by the City Attorney.  Maximum Contaminant Level Violation  RECOMMENDATION  Staff recommends approval of a consultant services agreement with Provost & Pritchard in the amount of $269,000 for professional engineering services related to design of Trichloropropane treatment facilities for Well 7. Well 7 is located near the intersection of Adams Avenue &  Temperance Avenue in the northeast portion of the City.  BACKGROUND  On August 15, 2018, the City of Fowler received Compliance Order No. 03.23.18R.026,123 Trichloropropane (1,2,3-TCP) Maximum Contaminant Level Violation from the State Water Resources Control Board. The Compliance Order states that 1,2,3 Trichloropropane levels in Well 7 effluent exceed the State's Maximum Contaminant Level (MCL) and mandates that system improvements be made to correct the water quality deficiencies by August 31, 2021. The City has successfully obtained an extension to this date to December 31, 2022 due to delays in correcting the issue related The first step in completing the necessary system improvements is to prepare engineering design plans and specifications for treatment facilities at Well 7. The improvements are intended to successfully remove the 1,2,3 TCP contaminant from effluent water pumped by Well 7. Provost & Pritchard has provided a proposal and contract to provide these services in the amount of $269,000.  to COVID-19.    Due to the urgency of this situation and the importance of complying with the terms of the Compliance Order, it is recommended that Council confirm dispensing with the formal competitive purchasing process and award the consulting services agreement to Provost & Pritchard consistent with the City's Purchasing Policy, Section 7 - Exceptions to Purchasing Methods, Subsection I, which authorizes Council to waive the formal process when immediate commencement of services is in the Staff believes Provost & Pritchard is uniquely qualified to provide engineering services associated with the proposed scope of services immediately because of their experience in preparing the City's TCP Feasibility Study, knowledge of the City's water system and standards, and history of  best interest of the City.  successfully completing similar projects with staff in nearby jurisdictions.  FISCAL IMPACT  The proposed contract will be financed utilizing litigation settlement funds which have been designated for use in providing water system improvements necessary to correct the water quality  deficiencies caused by 1,2,3TCP.  Attachments:  Consultant Services Agreement    EST. 1868 PROVOST& PRITCHARD CONSULTING GROUP AnE Employee Owned Company 3-3-2021 David Peters, PE City Engineer City of Fowler 128 S.5 5th Street Fowler, CA 93625 Subject: Dear Mr. Peters:  286 W. Cromwell Avenue Fresno, CA 93711-6162 Tel: (559)449-2700 Fax: (559)449-2715 www.ppeng.com  Proposal for- Engineering Design Services for z3-mnchloropropane  (TCP) Treatment at the City of Fowler Well7  Thank you for the opportunity to submit this proposal to provide engineering services for the City of Fowler. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.  Project Understanding  In. January 2020 Provost & Pritchard prepared a technical memorandum titled "City of Fowler 1,2,3-TCP Mitigation Feasibility Study". The purpose oft the study was to recommend an approach to mitigate TCP contamination in five (5) of the City's wells. The study identified improvements required to treat the TCP contaminated wells with granular activated carbon (GAC) adsorption. The City has asked for asked Provost & Pritchard to provide a scope of work and fee to provide engineering design services for one (1)of the five wells identified in the Feasibility Study (Well 7). In order to treat Well 7 for TCP removal, three (3) pairs of 12-foot diameter GAC vessels will be required. The existing Well 7 parcel is not large enoughi for construction of the proposed treatment plant and cannot be expanded due tot the adjacent residential homes. The City will need to acquire ap privately-owned parcel nearby on which to construct the treatment plant, and a transmission pipeline from the existing well site to the treatment plant will need to be designed. Other features of the treatment plant include an at-grade vessel foundation, a backwash reclaim storage tank and pump, a small retention pond, chemical enclosure, and masonry wall. The design services  will be completed based on the following task breakdown:  Schematic Design Construction Documents Bidding Assistance Construction Administration  Menanp-epoandaioy, ofFowler- TCP1 Treatment Well7 721-73WWorking! Drafts1202103031 Fowlerl TCPF Proposal.d docx  Engineering* Surveying Planning Environmental . GIS . Construction Services r Hydrogeology Consulting Fresno . Bakersfield . Visalia . Clovis . Modesto . Los Banos . Chico . Merced    City of Fowler Well7TCP Treatment Design Project Team  March: 3, 2021 Page2of7  Provost & Pritchard staff has more experience solving TCP drinking water contamination problems than any other firm in the nation. For your project we have assembled our most  experienced TCP mitigation staff - all located 30 minutes from the City.  Kevin Berryhill, PE = Principal Engineer  Kevin Berryhill is a national leading expert in TCP mitigation and associated GAC design. He has evaluated TCP mitigation alternatives at more water systems and wells than any other engineer int the nation and is frequently sought out to serve as an expert on the subject. Kevin is Provost & Pritchard's principal water treatment practice lead with 25 years of engineering experience.  Keith Mortensen, PE - Project Engineer  Keith Mortensen will serve as project engineer and will assist Kevin in the design. Keith is a principal civil engineer with over 14 years ofe experience in the design of water treatment and water resource projects. His design experience specializes in water treatment plants, but he also has experience in well installations, chlorination systems, pipelines, pump stations, water storage, and system automation. Keith has assisted Kevin on nearly every water treatment project completed by Provost & Pritchard over the past 5 years and has worked on more than a dozen TCP and  GAC design projects. Scope of Services  Our proposed scope of work fort this proposal is segregated into several phases, described below.  Phase SD: Schematic Design Phase A. PROJECT MANAGEMENT  1. Project management and administration 2. Prepare and maintain workplan and design schedule 3. Attend kick-off meeting with City staff 4.  Prepare and submit monthly billing 5. Conduct QA/QC program  B. SURVEYING  1. Conduct right-of-way and boundary research for the well site and treatment site to 2. Conduct a field survey tol locate sufficient monumentation to re-establish the right- 3. Conduct topographic ground surveys within the project limits to create al base map  be acquired by City.  of-way and property lines within the project limits of the existing topography and improvements  C.A AGENCY AND UTILITY COORDINATION  1. Utility Notifications - Send utility request letters to utility companies to obtain utility  information within the project limits  2. Review Record Information and complete utility base mapping  Man-atnyPapasagozicw: ofFowler- TCPT Treatment Well7 721-73WWarkingt Draftsl202103031 Fowler TCPF Proposal.docx    City of Fowler Well7TCP Treatment Design  March 3, 2021 Page3of7  D. SCHEMATIC DESIGN  1. Prepare a preliminary site plan for the treatment site showing the proposed  treatment systems and appurtenances  E. GEOTECHNICAL SERVICES  1. Hire geotechnical subconsultant to conduct exploratory borings, laboratory testing and provide geotechnical engineering report containing findings, conclusions, and recommendations for use in design and preparation of construction specifications  Assumptions:  a) The project management and programming budget is based on a total design b) Sufficient monumentation will be locatable to determine right-of-way and c) The GAC treatment plant will be constructed on a parcel of the farmland d) City will provide record drawings of utilities under their control and/or arrange  project duration of 6 months. property limits.  adjacent to the well site that the City will acquire. for potholing to confirm utility locations and depths.  Phase CD: Construction Documents Phase  A. PRELIMINARY PLANS, SPECIFICATIONS, AND COST ESTIMATE 1. Address any remaining comments on the preliminary site plan  2. Prepare (60%) plans fort the wellhead treatment construction project, including the  following sheets:  Cover and index (1 sheet) . General notes (1 sheet) iii. Legend and abbreviations (1 sheet) iv. Hydraulic profile (1 sheets) V. Horizontal control plan (1 sheet) vi. Demolition plan (2 sheets) vii. Site plan (2 sheets) vii. Grading plan (1 sheet) ix. Site piping plan (2 sheet) X. Transmission pipeline plan & profile (1 sheet) xi. GAC vessel piping plan (1 sheet) xii. Manifold piping details (1 sheet) xili. Backwash water disposal details (2 sheets) xiv. Chlorination and enclosure details (3 sheets) XV. Miscellaneous details (5 sheets) xvi. Structural details (3 sheets) subconsultant  xvii. Electrical sheets prepared by Provost & Pritchard's electrical engineering  3. Prepare preliminary technical specifications in CSI format 4. Prepare itemized estimate of quantities and cost  AananyPepoand2TCw, ofFowler- TCP1 Treatment Well7 72 21-73Working Draftsl202103031 Fowler TCPF Proposal.docx    City of Fowler Well 71 TCP Treatment Design  March 3, 2021 Page 4of7  5. Submit preliminary (60%) plans, specifications and estimate (PS&E) in electronic  pdf format  S Schedule and conduct workshop review meeting separately' with DDW  Assumptions:  a) Provost & Pritchard CAD standards and title block will be used for the design b) Provost& Pritchard's current CAD version will be used c) City boiler plate front-end specifications will be used (if available)  oft this project  B. PERMITTING ASSISTANCE  1. Coordinate with the State Water Resources Control Board - Division of Drinking Water (DDW) and the Central Valley Regional Water Quality Board regarding the  project  2. Prepare and submit Operations Plani to DDW for approval  Assumptions:  a) City will pay for all permit fees directly  b) No permits will be required other than those specifically identified above c) The City will coordinate with property owners adjacent to the new treatment site regarding aesthetic impacts, and construction activities. d) New electrical service will be required for the treatment site  C. DRAFT FINAL (90%) DESIGN  1. 60% submittal review meeting with City 2. Address 60% review comments 4. Prepare draft final technical specifications 5. Incorporate City up-front documents 6. Prepare draft final cost opinions  3. Prepare draft final plans, including the same sheets listed in the previous phase  7. Submit draft final plans, specifications and estimate in electronic pdf format  D. FINAL (100%) PLANS, SPECIFICATIONS, AND ESTIMATES 1. 90% submittal review meeting with City 2. Address draft final review comments 3. Prepare final plans 4. Prepare final technical specifications 5. Prepare final opinion of probable construction costs 6. Submit final plans, specifications, and estimate 7. Submit final construction documents in electronic pdf format  MAMgPeoNAAIC, ofF Fowler- TCP1 TreatmentV Well7 721-73Working! Draftsl202103031 Fowler TCPF Proposal. docx    City of Fowler Well7TCP Treatment Design  March3,2021 Page5of7  E.E BUILDING DEPARTMENT PLAN REVIEW  1. Submit two full-size plan sets and one set of structural calculations for City plan  check  2. Complete backcheck process to obtain City approval  Assumptions:  a) Contractor will prepare and implement Storm Water Pollution Prevention Plan  and Dust Control Plan if required  Phase BD: Bidding Assistance Phase A. BIDDING SERVICES  1. Attend pre-bid conference bid period  2. Assist with the preparation of addenda and clarifications as necessary during the  3. Review bid proposals and provide recommendation for award  Assumptions:  a) The City will advertise and facilitate the bidding process and Provost &  Pritchard will assist  Phase CA: Construction Administration Phase A. CONSTRUCTION SERVICES  1. Attend pre-construction kickoff meeting  2. Review contractor submittals prior to the start of construction  3. Make periodic site visits while construction is active to observe the progress of work; including a site visit for substantial completion and a final walk-through. A total of four (4) construction administration site visits are included in the scope of 5. Review the contractor's completion documents. Prepare record drawings based on "as-buil!" information furnished by the Contractor and City. Provide one electronic copy of reproducible record drawings to City for permanent records.  services.  4. Assist in response to RFIs (assumed 4 RFI responses)  Assumptions:  a) AC Conditional Use Permit (CUP) will not be required b) No flood plain surveys will be required c) The City will prepare required environmental permitting and will pay all agency review, permit, and/or utility service application fees d) The City's existing SCADA system can support the addition of the instrumentation and controls associated with the GAC plant  Professional Fees  WMagPepoAAAICy: ofFowler- TCPT Treatment Well7 721-73Working! Drafs120210303 Fowler TCPF Proposal.docx    City of Fowler Well 7TCP Treatment Design  March 3, 2021 Page 6of7  Provost & Pritchard Consulting Group will perform the services ini this Project for the fixed fee amount shown below. These services willl be invoiced monthly, on a percent-complete basis.  Reimbursable Expenses are included in the Fixed Fee amount stated.  Proposed Fee - TCP Design Services  Phase  Estimated Foe  Phase SD: Schematic Design Phase CD: Construction Documents Phase BD: Bidding Assistance Phase CA: Construction Administration  $42,000 $175,000 $10,000 $42,000 $269,000  Total Estimated Fee:  The line items shown above are estimates and are noti intended tol limit billings for any given Task. Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency's decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval  before we proceed. Schedule  Provost & Pritchard is prepared to begin immediately upon authorization to proceed. We will work  with the City to establish a mutually agreed upon schedule.  Additional Services  The following services are not included in this proposal, however these and others can be  provided at additional cost, upon request. 1. Construction Bid Assistance  2. Bid packages for separate procurement of GAC vessels and/or carbon 4. Applying for plan amendment, rezoning, or code variances  3. Services associated with land acquisition 5. Legal descriptions and exhibits 6. Payment of plan check and permit fees 7. Potholing and utility locating services 8. Hydraulic modeling or surge analysis 9. Environmental permitting assistance 10. Construction staking 11.As-built survey 12. Contractor prequalification  MEMEgPopoAd2IC, ofF Fowier- TCPT Treatment Wel7 721-73Workingl Dratu120210303 Fowler TCPF Proposal.docx    City of Fowler Well77 TCP Treatment Design  March3 3,2021 Page7of7  13. Construction management and/or inspection 14. Labor compliance assistance 16. Environmental permitting Terms and Conditions  15. Preparation of Dust Control plans or Storm Water Pollution Prevention Plans (SWPPP)  Ifthis proposal is acceptable, please sign the Consultant Services Agreement, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid  for 30 days from the date above. Sincerely Yours, Provost & Pritchard Consulting Group Kevin KRnybe Berryhill, RCE70415 Principal Engineer  hMas Keith Mortensen, RCE 75865 Vice President  Terms & Conditions Accepted By City of Fowler  Signature Printed Name TITLE  Signature Printed Name TITLE  DATE  DATE  WenstnyPoposid2Ioy, ofFowler- TCP Treatment We72-73Workingt Draftsl20210303 Fowler TCP Proposal.docx    Project Manager: RKB Prepared By: MRS  EST. 1968 286 W. Cromwell, Avenue PROVOST& Fresno, CA93711-6162 PRITCHARD FAX( (559)449-2715 CONSULTING GROUP mwapgsandarishaticon  CONSULTANT SERVICES AGREEMENT CSAI No: 21-73  (559)449-2700  AnEmployee Owned Company Client Attention Billl To  City of Fowler David Peters City of Fowler  Proposal No. 21-73 Telephone Fax E-Mail  (559)299-1544 dpeters@peters- engineering.com  Billing Address 128 S. 5th Street  City, Zip Code Project Title  Fowler, CA 93625 Engineering Design Services for 12.-Inchoropropane (TCP) Treatment at the City of Fowler' Well7  Location  Fowler, CA  Description of Services: Please refer to attached proposal dated March 3, 2021, "Proposal for- - Engineering Design Services for 12,3-Inchoropropane (TCP) Treatment at the City of Fowler Well7." The provisions set forth below and on thet following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that theyl have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting  Group, (Consultant) to perform the above-described services.  TERMS AND CONDITIONS  Client and Consultant agree that the following terms and conditions shall be part of this agreement: 1. Inp providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time andi int the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement. 2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors. 3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with  Consultant's billing rates utilized fort this contract.  DOCUMENTS  4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client. Consultant shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and re-use the Work Product in connection with the Project, in whole or in part, and to authorize others to do sO for the benefit of Client. Client acknowledges thati its right to utilize Work Product pursuant to this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client 5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that ist the subject of this agreement. Client further agrees to waive all claims against Consultant resulting ina any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client's behalf. Client agrees nott to use or permit any other person to use versions  has performed all its obligations under this agreement.    City of Fowler Well7TCP Treatment Design Proposal No. 21-73  March3 3, 2021 Page2of6  of Work Product which are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this 6. Int the event Client (1) makes, agrees to, authorizes, or permits changes in' Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such 7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client's unauthorized use or reuse of the Work Product. 8. The Client is aware that differences may exist between electronic files delivered and the printed hard- copy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern. 9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing ini this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing. 10. Client acknowledges that, unless specifically stated to the contrary in the proposal's description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that thej job site is freei from any hazard which may result from 11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers, directors, employees, and agents (collectively, the "Client Indemnitees") from, for and against any and all claims, demands, damages, losses, expenses, liabilities, and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by thei failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, buts shall have no duty to defend Consultant: andi its officers, directors, employees and agents from, for and against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only tot the extent caused by the negligent or other wrongful acts or omissions of Client or any person or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights ofi indemnity provided under this Agreement  paragraph.  changes.  LIMITATIONS  the existence of such materials. INDEMNIFICATION  ora applicable law. FINANCIAL  12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. IfClient fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in  Page 20 of6    City of Fowler Well7TCP1 Treatment Design Proposal No. 21-73  March 3, 2021 Page 3of6  payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination. 13. Consultant shall not be liable to Client for any costs or damages that may result from the termination ors suspension of services under this agreement due to Client's failure to pay Consultant invoices in accordance with the terms oft this paragraph. In the event that Consultant agrees to resume terminated ors suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or 14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement ofs services under this agreement. Upon receipt ofr retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final 15. Client agrees that all billings from Consultant to Client willl be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing ofa alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the 16. Client agrees to pay ar monthly late payment charge, which willl be thel lesser of one and onel half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices. 17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants' fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts. 18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in  additional costs caused by the termination or suspension of services.  project invoice.  payment terms set forth in Section 18.  this agreement. LIMITATION OF LIABILITY  19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or  related to such third-party claims for which Consultant is liable.  DISPUTE RESOLUTION  20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre- condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not bei interpreted to restrict the right of either party to file an action in a court ofl law, in the County of  Page 3of6    City ofF Fowler Well7TCP Treatment Design Proposal No. 21-73  March 3, 2021 Page 4 of6  Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant's right  torecord, perfect or to enforce any applicable lien or Stop Notice rights.  CONSTRUCTION PROJECTS  21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services willl be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant 22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor willl be required toa assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory 23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client sO those deficiencies may be corrected or otherwise addressed by 24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees tor notify Consultant and, at Client's option, retain Consultant to prepare the necessary changes or moditications before construction activities proceed. Further, Client agrees to require a provisioni ini its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph. 25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required andi included in the original construction documents. The Consultant will not  isre responsible.  agency or of state law.  Consultant prior to the commencement of construction phase work.  ber responsible for any cost or expense that enhances the value of the Project.  SUSPENSION AND TERMINATION  26. If the Project or the Consultant's services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant's schedule and fees for the 27. If the Consultant's services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar 28. Ifthe Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days' notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or  remainder of the Project shall be equitably adjusted.  days' written notice to the Client.  Page 4 of6    City of Fowler Well7 7TCP Treatment Design Proposal No. 21-73  March 3, 2021 Page 50f6  damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment ini full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant's work product. Int the event all or any portion oft the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, ifany. Client acknowledges if the project services are suspended and restarted, there willl be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra 30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving 31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in  services pursuant to Section 28.  the Consultant not less than seven (7) calendar days' written notice.  accordance with the payment provisions oft this Agreement.  OTHER  32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of 33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of 34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall 35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, ino conflict with any law, void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given thet fullest meaning and effect allowed by law. 36. This agreement shall be governed by and construed in accordance with the laws of the State of 37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, iti is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services. 38. Consultant shall be entitied to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client int the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or 39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and  Client and Consultant. the other.  not constitute the waiver of any other breach of the Agreement.  California.  judgment issued by the Bankruptcy Court.  who are entitled to receive a preliminary notice.  Page 5of6    City of Fowler Well7TCP Treatment Design Proposal No. 21-73  March 3, 2021 Page 6of6  40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely 41. Consultant: and Client each agree tov waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with paragraphs 261 through 31, except for termination expenses provided fori in said paragraph 31. Client further agrees thati to thei fullest extent permitted byl law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss ofp profits or revenue. 42. This Agreement is the entire Agreement between the Client and the Consultant. Its supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.  apply for any necessary extensions thereof.  Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group  Client By Name/Title Date Signed  By  hMas Keith Mortensen/Vice President  Name/Title RCE 75865 Date Signed March 3, 2021  Page 6 of6